Loughrin v. United States

Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Holding: A conviction under 18 U.S.C. § 1344(2), which makes it a crime to "knowing execut[e] a scheme … to obtain " property owned by, or under the custody of, a bank "by means of false or fraudulent pretenses," does not require the government to prove that a defendant intended to defraud a financial institution.

Judgment: Affirmed on June 23, 2014. Justices Scalia and Thomas join the opinion as to Parts I and II, Part III-A except the last paragraph, an the last footnote of Part III-B. Justice Scalia filed an opinion concurring in part and concurring in the judgment, in which Justice Thomas joined. Justice Alito filed an opinion concurring in part and concurring in the judgement.

Adjudged to be AFFIRMED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Ginsburg, Breyer, and Sotomayor, JJ., joined, and in which Scalia and Thomas, JJ., joined as to Parts I and II, Part III-A except the last paragraph, and the last footnote of Part III-B. Scalia, J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment.

Jul 25 2014

JUDGMENT ISSUED.

Jul 29 2014

Record returned for U.S.C.A. for 10th Circuit.

Disclosure: Kevin Russell of Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the petitioner in this case.

Issue: Whether the government must prove that the defendant intended to defraud a bank and expose it to risk of loss in every prosecution under 18 U.S.C. § 1344.